The European Commission is investigating whether many large quarries in the State are being worked illegally due to a lack of planning permission, writes Liam Reid.
Officials at the Environment Directorate of the Commission have confirmed they are investigating the quarrying industry following complaints. The investigation is focusing on whether local authorities have been enforcing measures against quarrying operations found to be in breach of planning conditions.
The investigation is also examining whether the authorities have allowed a regulatory loophole to allow major developments on old sites without adequate planning permission.
Commission officials told The Irish Times they were concerned that legislation allowing some older quarries to operate without full planning permission was being abused. Quarries that operated before 1963 do not require planning permission.
Many major quarries have been operating in recent years on that basis. However, according to one official, the European Commission believes that an intensification of operations on a pre-1963 site would require authorisation from the local authorities. Under European legislation, major quarrying projects are subject to stringent environmental impact assessments before any intensification of operations.
Substantial regulations relating to the protection of the natural environment for flora and fauna also have to be adhered to, according to the Habitats Directive.
The investigation was at an initial stage, the official said. If the Commission found there was a lack of enforcement of the legislation, it may give rise to breaches of both directives.
The Commission's investigation follows a number of high-profile planning actions against quarries.
Six months ago the Taoiseach, Mr Ahern, became embroiled in a controversy over a quarry at Athleague, Co Roscommon, after it emerged that his office had made representations to Roscommon County Council to delay enforcement proceedings to close the quarry, which had no planning permission.
Last month Clare County Council was the subject of criticism in an RTÉ Primetime documentary over delays in taking enforcement proceedings against unauthorised quarrying by Whelan's Limestone Quarries Ltd, at a major site outside Ennis.
The Government has recently acknowledged serious difficulties enforcing the regulations on quarrying. Following a delay of three years, the Minister for the Environment, Mr Cullen, has implemented regulations requiring quarry operators to fully detail their operations to planning authorities.
The Minister has also published guidelines for local authorities on quarries and their inclusion in strategic development plans.